Removal of Dangerous Trees

1. Introduction

I. Ensuring the well-being, convenience, welfare, and safety of all facilities of the people is among the duties assigned to local authorities. As a local authority and a state institution aimed at public welfare, our Sabha acts with the ultimate ambition of bringing the institution closer to the people by implementing numerous programmes. Furthermore, steps are taken to take the initiative to prevent public suffering. Thereby, the Chairman of the Pradeshiya Sabha has the authority to act regarding trees, branches, trunks, or fruits that threaten the safety of any person's property within the Pradeshiya Sabha's jurisdiction.

II. When a request letter has been submitted in this regard, it is essential to carefully examine and determine whether a tree or a branch, trunk, fruit, or anything else from a tree poses a threat to a building, life, or property.

III. It is very important to be cautious as there may be instances where requests are made by involving personal disputes (between landowners, co-owners, families) and cases where court proceedings have been initiated regarding land ownership disputes.

IV. It must be correctly identified whether the potential harm related to the request letter/application/complaint is from the entire tree, a part of it, a fruit, or fruits.

V. In a case where sufficient grounds are revealed to completely cut down and fell a tree or cut and fell a part of it that could cause damage to a building, life, or property of a person, it is a legal requirement to verify before issuing the order whether that tree is a tree prohibited from being cut down and felled by orders made under the Trees (Felling Control) Act No. 9 of 1956.

VI. If the dangerous condition from a tree or part thereof is to the owner of the tree or to a co-owner of a land with shared ownership, the removal of that dangerous condition shall be carried out by the owner of the tree or the co-owners.

VII. When cutting down and felling Jack, Breadfruit, Coconut, and female Palmyrah trees or a part of such trees, it is mandatory for the owner of the tree to obtain a felling permit issued by the Divisional Secretary.

2. Legal Authority

Primary Law

• Section 107 of the Pradeshiya Sabha Act No. 15 of 1987

Other Laws

• Trees (Felling Control) Act No. 9 of 1956
• Orders made under the Trees (Felling Control) Act No. 9 of 1956

3. Eligibility

This service provided by the Pradeshiya Sabha can be obtained when the following conditions are met:

• The tree with the dangerous condition must be a tree not situated on land owned by the applicant.
• A person other than the owner of the tree must be able to establish the risk of a dangerous condition arising from the tree, branch, trunk, or fruit.

Note: If the ownership of the land on which the tree is situated is shared, including with the applicant, or if court proceedings are ongoing regarding the ownership of the land on which the tree is situated, or if there is a dispute regarding the ownership of the land, the administrative officer/Chairman of the local authority will not undertake to act on a request regarding the dangerous condition that may arise from such tree.

4. Fee

According to a decision taken by the Sabha, a sum of Rs. 1000.00 is charged as an inspection fee for inspecting dangerous trees.

5. Documents to be Submitted

• The completed application form must be submitted.

6. Procedure